H.B. 134

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PARENTAL NOTIFICATION RELATED TO STUDENT

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SAFETY

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2013 GENERAL SESSION

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STATE OF UTAH

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Chief Sponsor: Gage Froerer

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Senate Sponsor:
____________

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LONG TITLE
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General Description:
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This bill requires parental notification of certain safety threats to a parent's student.
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Highlighted Provisions:
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This bill:
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. requires a school to notify a parent:
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. if the parent's student threatens to commit suicide; or
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. of an alleged incident of bullying, cyber-bullying, harassment, hazing, or
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retaliation involving the parent's student; and
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. requires a school to have a parent sign a statement acknowledging that the parent
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was notified of the suicide threat or bullying.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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53A-11-605, as last amended by Laws of Utah 2012, Chapter 425
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53A-11a-301, as last amended by Laws of Utah 2011, Chapter 235
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53A-13-302, as last amended by Laws of Utah 1999, Chapter 284

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ENACTS:
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53A-11a-203, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
53A-11-605
is amended to read:
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53A-11-605. Definitions -- School personnel -- Medical recommendations --
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Exceptions -- Penalties.
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(1) As used in this section:
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(a) "Health care professional" means a physician, physician assistant, nurse, dentist, or
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mental health therapist.
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(b) "School personnel" means [any] a school district or charter school employee,
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including a licensed, part-time, contract, [and] or nonlicensed [employees] employee.
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(2) School personnel may:
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(a) provide information and observations to a student's parent or guardian about that
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student, including observations and concerns in the following areas:
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(i) progress;
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(ii) health and wellness;
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(iii) social interactions;
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(iv) behavior; or
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(v) topics consistent with Subsection
53A-13-302
(6);
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(b) communicate information and observations between school personnel regarding a
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child;
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(c) refer students to other appropriate school personnel and agents, consistent with
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local school board or charter school policy, including referrals and communication with a
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school counselor or other mental health professionals working within the school system;
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(d) consult or use appropriate health care professionals in the event of an emergency
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while the student is at school, consistent with the student emergency information provided at
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student enrollment;
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(e) exercise their authority relating to the placement within the school or readmission
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of a child who may be or has been suspended or expelled for a violation of Section
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53A-11-904
; and

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(f) complete a behavioral health evaluation form if requested by a student's parent or
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guardian to provide information to a licensed physician.
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(3) School personnel shall:
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(a) report suspected child abuse consistent with Section
62A-4a-403
;
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(b) comply with applicable state and local health department laws, rules, and policies;
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and
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(c) conduct evaluations and assessments consistent with the Individuals with
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Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq., and its subsequent amendments.
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(4) Except as provided in Subsection (2) [and], Subsection (6), and Section
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53A-11a-203
, school personnel may not:
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(a) recommend to a parent or guardian that a child take or continue to take a
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psychotropic medication;
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(b) require that a student take or continue to take a psychotropic medication as a
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condition for attending school;
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(c) recommend that a parent or guardian seek or use a type of psychiatric or
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psychological treatment for a child;
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(d) conduct a psychiatric or behavioral health evaluation or mental health screening,
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test, evaluation, or assessment of a child, except where this Subsection (4)(d) conflicts with the
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Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq., and its subsequent
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amendments; or
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(e) make a child abuse or neglect report to authorities, including the Division of Child
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and Family Services, solely or primarily on the basis that a parent or guardian refuses to
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consent to:
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(i) a psychiatric, psychological, or behavioral treatment for a child, including the
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administration of a psychotropic medication to a child; or
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(ii) a psychiatric or behavioral health evaluation of a child.
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(5) Notwithstanding Subsection (4)(e), school personnel may make a report that would
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otherwise be prohibited under Subsection (4)(e) if failure to take the action described under
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Subsection (4)(e) would present a serious, imminent risk to the child's safety or the safety of
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others.
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(6) Notwithstanding Subsection (4), a school counselor or other mental health

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professional acting in accordance with Title 58, Chapter 60, Mental Health Professional
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Practice Act, or licensed through the State Board of Education, working within the school
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system may:
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(a) recommend, but not require, a psychiatric or behavioral health evaluation of a child;
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(b) recommend, but not require, psychiatric, psychological, or behavioral treatment for
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a child;
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(c) conduct a psychiatric or behavioral health evaluation or mental health screening,
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test, evaluation, or assessment of a child in accordance with Section
53A-13-302
; and
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(d) provide to a parent or guardian, upon the specific request of the parent or guardian,
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a list of three or more health care professionals or providers, including licensed physicians,
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psychologists, or other health specialists.
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(7) Local school boards or charter schools shall adopt a policy:
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(a) providing for training of appropriate school personnel on the provisions of this
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section; and
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(b) indicating that an intentional violation of this section is cause for disciplinary action
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consistent with local school board or charter school policy and under Section
53A-8a-502
.
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(8) Nothing in this section shall be interpreted as discouraging general communication
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not prohibited by this section between school personnel and a student's parent or guardian.
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Section 2.
Section
53A-11a-203
is enacted to read:
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53A-11a-203. Parental notification of certain incidents required.
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(1) For purposes of this section, "parent" includes a student's guardian.
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(2) A school shall notify a parent:
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(a) if the parent's student threatens to commit suicide; or
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(b) of an alleged incident of bullying, cyber-bullying, harassment, hazing, or retaliation
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involving the parent's student.
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(3) If a school notifies a parent of an incident or threat required to be reported under
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Subsection (2), the school shall require the parent to sign a statement acknowledging that the
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parent was notified of the incident or threat.
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(4) The school shall maintain a copy of a parental statement described in Subsection
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(3) for at least four years.
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(5) At the request of a parent, a school may provide information and make

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recommendations related to an incident or threat described in Subsection (2).
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Section 3.
Section
53A-11a-301
is amended to read:
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53A-11a-301. Bullying, cyber-bullying, harassment, hazing, and retaliation
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policy.
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(1) On or before September 1, 2012, each school board shall adopt a bullying,
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cyber-bullying, harassment, and hazing policy consistent with this chapter.
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(2) The policy shall:
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(a) be developed only with input from:
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(i) students;
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(ii) parents;
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(iii) teachers;
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(iv) school administrators;
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(v) school staff; or
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(vi) local law enforcement agencies; and
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(b) provide protection to a student, regardless of the student's legal status.
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(3) The policy shall include the following components:
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(a) definitions of bullying, cyber-bullying, harassment, and hazing that are consistent
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with this chapter;
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(b) language prohibiting bullying, cyber-bullying, harassment, and hazing;
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(c) language prohibiting retaliation against an individual who reports conduct that is
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prohibited under this chapter; [and]
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(d) language prohibiting making a false report of bullying, cyber-bullying, harassment,
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hazing, or retaliation[.]; and
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(e) parental notification of an incident of bullying, cyber-bullying, harassment, hazing,
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or retaliation involving a parent's student as required in Section
53A-11a-203
.
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(4) A copy of the policy shall be included in student conduct handbooks and employee
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handbooks.
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(5) A policy may not permit formal disciplinary action that is based solely on an
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anonymous report of bullying, cyber-bullying, harassment, hazing, or retaliation.
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(6) Nothing in this chapter is intended to infringe upon the right of a school employee
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or student to exercise their right of free speech.

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Section 4.
Section
53A-13-302
is amended to read:
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53A-13-302. Activities prohibited without prior written consent -- Validity of
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consent -- Qualifications -- Training on implementation.
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(1) Policies adopted by a school district under Section
53A-13-301
shall include
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prohibitions on the administration to a student of any psychological or psychiatric examination,
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test, or treatment, or any survey, analysis, or evaluation without the prior written consent of the
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student's parent or legal guardian, in which the purpose or evident intended effect is to cause
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the student to reveal information, whether the information is personally identifiable or not,
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concerning the student's or any family member's:
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(a) political affiliations or, except as provided under Section
53A-13-101.1
or rules of
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the State Board of Education, political philosophies;
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(b) mental or psychological problems;
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(c) sexual behavior, orientation, or attitudes;
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(d) illegal, anti-social, self-incriminating, or demeaning behavior;
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(e) critical appraisals of individuals with whom the student or family member has close
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family relationships;
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(f) religious affiliations or beliefs;
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(g) legally recognized privileged and analogous relationships, such as those with
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lawyers, medical personnel, or ministers; and
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(h) income, except as required by law.
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(2) Prior written consent under Subsection (1) is required in all grades, kindergarten
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through grade 12.
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(3) [The] Except as provided in Section
53A-11a-203
, the prohibitions under
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Subsection (1) shall also apply within the curriculum and other school activities unless prior
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written consent of the student's parent or legal guardian has been obtained.
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(4) Written parental consent is valid only if a parent or legal guardian has been first
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given written notice, including notice that a copy of the educational or student survey questions
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to be asked of the student in obtaining the desired information is made available at the school,
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and a reasonable opportunity to obtain written information concerning:
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(a) records or information, including information about relationships, that may be
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examined or requested;

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(b) the means by which the records or information shall be examined or reviewed;
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(c) the means by which the information is to be obtained;
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(d) the purposes for which the records or information are needed;
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(e) the entities or persons, regardless of affiliation, who will have access to the
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personally identifiable information; and
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(f) a method by which a parent of a student can grant permission to access or examine
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the personally identifiable information.
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(5) (a) Except in response to a situation which a school employee reasonably believes
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to be an emergency, or as authorized under Title 62A, Chapter 4a, Part 4, Child Abuse or
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Neglect Reporting Requirements, or by order of a court, disclosure to a parent or legal guardian
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must be given at least two weeks before information protected under this section is sought.
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(b) Following disclosure, a parent or guardian may waive the two week minimum
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notification period.
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(c) Unless otherwise agreed to by a student's parent or legal guardian and the person
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requesting written consent, the authorization is valid only for the activity for which it was
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granted.
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(d) A written withdrawal of authorization submitted to the school principal by the
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authorizing parent or guardian terminates the authorization.
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(e) A general consent used to approve admission to school or involvement in special
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education, remedial education, or a school activity does not constitute written consent under
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this section.
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(6) (a) This section does not limit the ability of a student under Section
53A-13-101.3
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to spontaneously express sentiments or opinions otherwise protected against disclosure under
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this section.
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(b) (i) If a school employee or agent believes that a situation exists which presents a
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serious threat to the well-being of a student, that employee or agent shall notify the student's
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parent or guardian without delay.
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(ii) If, however, the matter has been reported to the Division of Child and Family
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Services within the Department of Human Services, it is the responsibility of the division to
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notify the student's parent or guardian of any possible investigation, prior to the student's return
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home from school.

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(iii) The division may be exempted from the notification requirements described in this
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Subsection (6)(b)(ii) only if it determines that the student would be endangered by notification
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of his parent or guardian, or if that notification is otherwise prohibited by state or federal law.
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(7) Local school boards shall provide inservice for teachers and administrators within
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their respective school districts on the implementation of this section.
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(8) The board shall provide procedures for disciplinary action for violations of this
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section.